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2025 DAILYLAW 154647 (ALL)

AMAN VERMA v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

/876/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45697 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 876 of 2025 Applicant :- Aman Verma Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Km.Rachna Mishra,Anil Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama has been filed today by Sri Mohammad Sohail, Advocate on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, Sri Mohammad Sohail, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 11.11.2024 and summoning order dated 17.01.2025 passed by ACJM-I, Lucknow in Case No. 5922 of 2025; State Vs. Aman Verma, arising out of Case Crime No. 125 of 2024, under Sections 308(5), 351(3), 115(2) of BNS, Police Station Husainganj, District Lucknow, on the basis of compromise dated 09.05.2025.. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant FIR has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 09.05.2025, which has been annexed as Annexure No. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings. For a period of three months, the criminal proceedings initiated in pursuance of Case No. 5922 of 2025; State Vs. Aman Verma, arising out of Case Crime No. 125 of 2024, under Sections 308(5), 351(3), 115(2) of BNS, Police Station Husainganj, District Lucknow, shall remain stayed, so far as present applicant is concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 09.05.2025 to learned counsel for the applicant within a week. Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench